The National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003

PART II

Amendments to the Dental Regulations

22.—(1) Regulation 9 of the Dental Regulations(1) (removal from dental list on grounds of age) shall be amended as follows—

(a) paragraph (1) is revoked;

(b) for paragraph (2) there shall be substituted the following—

“(2) A Primary Care Trust shall, on 1st April in every year, remove from the dental list the name of any dentist included in that list who has attained the age of 70 in the period of 12 months ending on 31st March preceding that 1st April.”; and

(c) in paragraphs (3) and (4) the expression “(1) or” after the word “paragraph”, in each of the three places where it occurs, shall be deleted.

(2) Schedule 1 to the Dental Regulations (conditions of service for dentists) shall be amended by—

(a) inserting in paragraph 31H(2) (declaration of convictions etc.), after sub-paragraph (c) the following new sub-paragraphs—

“(cc) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995(3) or a penalty under section 115A of the Social Security Administration Act 1992(4);

(cd) has, in summary proceedings in Scotland in respect of an offence, been the subject of an order discharging him absolutely (without proceeding to conviction);”; and

(b) substituting for sub-paragraph 35(10A)(5) (deputies and assistants), the following—

“35— (10A) A dentist may only employ a dentist as a deputy or assistant for the purposes of the provision of general dental services who—

(a) is included in—

(i) a dental list,

(ii) a services list prepared under section 28DA of the Act(6) or section 8ZA of the 1997 Act(7), or

(iii) a supplementary list prepared under regulation 3(1) of the National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003;

(b) falls within regulation 21(1) or (2) of the National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003, or

(c) is undertaking dental vocational training, during the first two months of that training”.

(3) Schedule 2 to the Dental Regulations (information and undertaking to be included in an application for inclusion in the dental list) shall be amended by inserting in paragraph 5B(8), after sub-paragraph (c), the following new sub-paragraphs—

“(cc) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section 115A of the Social Security Administration Act 1992;

(cd) has, in summary proceedings in Scotland in respect of an offence, been the subject of an order discharging him absolutely (without proceeding to conviction);”.

(4) In this Part “the Dental Regulations” means the National Health Service (General Dental Services) Regulations 1992(9).

(1)

Regulation 9 was amended by S.I. 2001/2421 and 2002/2469.

(2)

Paragraph 31H was added by S.I. 2001/3741 and amended by S.I. 2002/2469.

(3)

1995 c. 46.

(4)

1992 c. 5; section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47).

(5)

Sub-paragraph (10A) was inserted by S.I. 1995/3092 and amended, in relation to England, by S.I. 2001/3741.

(6)

Section 28DA was inserted by section 26(1) of the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”).

(7)

Section 8ZA was added by the 2001 Act and amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17), Schedule 3, paragraph 3.

(8)

Paragraph 5B was inserted by S.I. 2001/3741 and amended by S.I. 2002/2469.

(9)

S.I. 1992/661.